SAN FRANCISCO – A Brentwood man claims he was not adequately compensated for his work as a field representative for a paint company and has filed a class-action suit.
Ryan McBain filed a complaint individually and on behalf of others similarly situated on Dec. 8 in the U.S. District Court for the Northern District of California against
Behr Process Corp., Behr Paint Corp. and Masco Corp.
alleging violation of the Fair Labor Standards Act and California labor codes.
According to the complaint, the plaintiff alleges that he was employed as a field representative by the defendants and assigned to different Home Depot stores. He claims his responsibilities were answering customer inquiries, replenishing stocks and maintaining store displays. He alleges he was required to prepare time-consuming reports and shuttle between stores and was misclassified as exempt from overtime pay and was not provided with proper meal and rest periods.
The plaintiffs hold Behr Process Corp., Behr Paint Corp. and Masco Corp. responsible because the defendants allegedly failed to keep accurate payroll records of hours worked, meal periods taken, and overtime worked by their employees, refused to pay any overtime compensation to employees for hours worked in excess of 40 hours per week and refused to provide adequate meal and rest periods.
The plaintiff requests a trial by jury and seek judgment in his favor, designate collective action, declare misclassification of class members, unpaid wages, liquidated damages, civil penalties, unpaid wages from meal/rest periods not taken, reimburse business expenses, interest, costs and expenses of action, attorneys' fees and other relief as the court deems just. He is represented by Laura L. Ho, William C. Jhaveri-Weeks, Byron Goldstein and Ginger L. Grimes of Goldstein, Borgen, Dardarian & Ho in Oakland.
U.S. District Court for the Northern District of California Case number 3:16-cv-07036